Format for doing proposals
HUMAN SERVICES
CHILDREN AND FAMILIES
DIVISION OF FAMILY DEVELOPMENT
DIVISION OF YOUTH AND FAMILY SERVICES
Social Services Programs for Individuals and Families
Joint Proposed Readoption with Amendments: N.J.A.C. 10:123
Authorized on September 20, 2010 by: Jennifer Velez, Commissioner, Department of Human Services and on October 10 by: Allison Blake, Ph. D., L.S.W., Commissioner, Department of Children and Families.
Authority: N.J.S.A. 30:1-12.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2010-301.
Submit comments by February 4, 2011 to:
Miguel Mendez, Administrative Practice Officer
Division of Family Development
P.O. Box 716
Trenton, New Jersey 08625-0716
Email: Miguel.Mendez@dhs.state.nj.us
The agency proposal follows:
Summary
As the Departments are providing a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
In accordance with Executive Order No. 66 (1978) and N.J.S.A. 52:14B-5.1, the Department of Human Services (DHS) and the Department of Children and Families (DCF) jointly propose to readopt N.J.A.C. 10:123, which will otherwise expire on May 17, 2011, pursuant to N.J.S.A. 52:14B-5.1c.
The following is a description of the subchapters of N.J.A.C. 10:123.
N.J.A.C. 10:123-1 provides the rules for receipt of Federal Social Services Block Grant (SSBG) funds.
N.J.A.C. 10:123-2 provides policy and procedures for the Division of Youth and Family Services (DYFS) and the county welfare agencies (CWAs) to follow in the ongoing implementation of the Rooming and Boarding House Act (Act) of 1979, P.L. 1979, c. 496 (N.J.S.A. 30:1A-1 et seq. and 30:11A-1 et seq.). In the Act, DYFS is responsible for maintaining a Central Registry of abuse, exploitation and unsafe and unsanitary conditions in rooming houses, boarding houses and residential health care facilities (RHCF) and providing statistical data based on Central Registry cases and follow-up on these cases to assure that remedial action has been taken. DYFS is also responsible for setting standards, policy and procedures for services to residents and monitoring services provided by the CWA to eligible residents. DYFS is assigned responsibility for maintaining a 24-hour toll-free hotline to receive complaints of abuse and exploitation and for referring these reports to the CWA offices for investigation and follow-up.
The CWAs are assigned various responsibilities, including, but not limited to, information and referral, the investigation of complaints involving residents, the provision of services to eligible residents, the coordination of services provided by various State and local agencies and visiting facilities on a periodic basis.
N.J.A.C. 10:123-3 provides the rules governing the monthly personal needs allowance, to be reserved by owners and operators of RHCFs and boarding homes, for the use of Supplemental Security Income (SSI) or Work First New Jersey (WFNJ)/General Assistance (GA) recipient residents. The personal needs allowance is adjusted annually through public notice in the New Jersey Register.
N.J.A.C. 10:123-4 provides the financial eligibility standards for individuals and families who receive social services provided by the CWA that are funded through the SSBG Program.
Since the last readoption, the only changes to the chapter have been updates to the personal needs allowance at N.J.A.C. 10:123-3.4(a) through public notice in the New Jersey Register.
The following amendments are being addressed as part of the proposed readoption of N.J.A.C. 10:123.
Throughout the proposed amendments, corrections have been made in punctuation, grammar, citations and capitalizations.
Throughout the proposed amendments DYFS is being replaced by the Division of Family Development (DFD), with the exception of N.J.A.C. 10:123-1.1, where DHS has been substituted for DYFS. When the Department of Children and Families (DCF) was created in 2006, DYFS was transferred from the Department of Human Services to DCF. DFD has assumed the responsibilities identified for DYFS in N.J.A.C. 10:123.
The proposed amendment at N.J.A.C. 10:123-2.2(b) is a technical correction to replace the phrase “mental retardation” with “developmental disabilities” as required by P.L. 2010, c. 50.
The proposed amendment at N.J.A.C. 10:123-2.4(a)6 removes the telephone number used by DYFS to receive complaints against boarding homes, rooming houses and RHCF’s. This change is necessitated by the transfer of boarding home supervision from DYFS to DFD. A 24-hour hotline will be administered by DFD and the hotline number will be listed publically and posted in all board and care facilities.
The proposed amendment at N.J.A.C. 10:123-2.8(a)1 removes the telephone number used by DYFS to receive complaints against boarding homes, rooming houses and RHCFs.
The proposed amendment at N.J.A.C. 10:123-4.1(c) is a technical correction to replace an incorrect Administrative Code cross-reference and, thereby, reflect the correct agency hearing rules that must be followed for those persons who wish to appeal a determination of ineligibility for services based upon the income guidelines at N.J.A.C. 10:123-4.1(a). Current N.J.A.C. 10:120 is Reserved and was originally used to refer to DYFS hearing rules. The new citation references hearing rules for the Division of Family Development.
Social Impact
Subchapter 1 of the rules proposed for readoption provide for the availability of the Social Services Block Grant Annual Pre-Expenditure Report from DHS. The Social Services Block Grant Pre-Expenditure Report, which is submitted annually to the Federal government, sets general goals for a wide variety of services, particularly supportive social services, in a number of areas including boarding homes. The report also identifies the targeted populations for SSBG services. Such target populations, as they apply to rooming house, boarding home and RHCF residents, currently fall into three categories: residents needing protection, residents needing information and referral services, which are available without regard to income, and SSI recipients and single individuals with an annual income of $15,162 or less. The availability of this report and the Division's compliance will benefit the clients by allowing them continued receipt of Federal funds for programs that benefit them.
The readoption of N.J.A.C. 10:123-2 will continue to assure the offering of social services to vulnerable adults living in rooming homes, boarding houses and RHCFs, including the prompt investigation of complaints concerning the treatment and well-being of residents in these facilities. Many residents of boarding homes and RHCFs are frail, elderly or disabled and often lack the knowledge or the means to seek out needed services. The outreach to the clients by the CWAs and the provision of information and referral, case management, transportation, recreation and other services funded under SSBG monies and other services assure the health and well being of vulnerable residents.
The readoption of N.J.A.C. 10:123-3, concerning the personal needs allowance, will have a beneficial impact on residents in that it allows residents who rely on SSI or WFNJ/GA to maintain a minimal personal needs allowance to be used for the purchase of clothing and incidentals that the RHCFs and boarding homes do not provide.
The use of the financial schedule at N.J.A.C. 10:123-4 has a positive impact for individuals and families by assuring that services, such as homemaker and transportation are available on an equitable basis to financially needy individuals even when they are not supported by WFNJ/Temporary Assistance for Needy Families (TANF) or SSI. Provision of such services will allow individuals who are employed to maintain their employment while their social service needs are met through SSBG funding.
Economic Impact
In State fiscal year 2010 (July 1, 2009 through June 30, 2010), New Jersey plans to expend $65,620,478 in Federal funds under its total SSBG program of which $16,938,000 is TANF transferred to SSBG. Of the total sum, approximately $13,295,000 in SSBG funds will go to the county welfare boards for adult services and boarding home social services programs.
These rules proposed for readoption impose no economic impact on rooming houses, boarding houses and RHCFs. Facilities are required to provide access to and cooperate with CWA staff that offer services and investigate complaints of abuse and exploitation and to disburse the personal needs allowance.
The economic impact on the residents, their families and concerned citizens will be positive by continuing the receipt of services and through the receipt of the personal needs allowance.
During the last five years, the Federal SSI has increased in accordance with Federal cost of living adjustments (COLA). The personal needs allowance has also increased in keeping with the Federal increase in the SSI.
Federal Standards Statement
The rules proposed for readoption with amendments contain standards that do not exceed those contained in Title XX of the Social Security Act.
Jobs Impact
The rules proposed for readoption with amendments will not result in the generation or loss of jobs.
Agriculture Industry Impact
The rules proposed for readoption with amendments have no impact on the agriculture industry.
Regulatory Flexibility Statement
The rules proposed for readoption with amendments have been reviewed with regard to the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules proposed for readoption with amendments impose no reporting, recordkeeping or other compliance requirements on small businesses and thus a regulatory flexibility analysis is not required. The rules proposed for readoption with amendments ensure New Jersey continues to access Federal funds under the SSBG and provide supportive social services to vulnerable residents residing in boarding homes, rooming houses and RHCFs. The recordkeeping and reporting responsibilities imposed by these rules fall on governmental agencies rather than a private business establishment.
Smart Growth Impact
The rules proposed for readoption with amendments will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan.
Housing Affordability Impact
The rules proposed for readoption with amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules ensure New Jersey continues to access Federal funds under the SSBG and provide supportive social services to vulnerable residents residing in boarding homes, rooming houses and RHCFs.
Smart Growth Development Impact
The rules proposed for readoption with amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the rules ensure New Jersey continues to access Federal funds under the SSBG, and provide supportive social services to vulnerable residents residing in boarding homes, rooming houses and RHCFs.
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 10:123.
Full text of the proposed amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. SOCIAL SERVICES BLOCK GRANT PROVISIONS
10:123-1.1 Purpose and scope
This subchapter contains the rules of the [Division of Youth and Family Services] Department of Human Services regarding the social services programs for individuals and families, which are supported by Federal Social Services Block Grant funds.
10:123-1.2 Pre-Expenditure Report availability
The Federal Omnibus Reconciliation Act of 1981, P.L. 97-35, which amended Title XX of the Social Security [act] Act to establish a Social Services Block Grant (SSBG), requires the State to submit a Pre-Expenditure Report, which outlines how the State plans to expend funds allocated to it for the program to furnish social services to individuals and families in accordance with the provisions of the annual Pre-Expenditure Report, and with Title XX of the Social Security Act. The Division of [Youth and Family Services'] Family Development’s social services programs [which] that are supported by Federal SSBG revenues are included in the Department of Human Services' annual Pre-Expenditure Report, which is available from the Department, PO Box 700, Trenton, New Jersey 08625.
10:123-1.3 Agreement with Federal requirements
The Department of Human Services, Division of [Youth and Family Services] Family Development, hereby agrees to administer the Social Services Block Grant Program to furnish social services to individuals and families in accordance with the provisions of the annual Pre-Expenditure Report, and with Title XX of the Social Security Act and all applicable Federal regulations.
SUBCHAPTER 2. BOARDING HOMES
10:123-2.1 Purpose and scope
(a) The purpose of this subchapter is to delineate the responsibility of the Division of [Youth and Family Services] Family Development and the [County Welfare Agencies] county welfare agencies in accordance with P.L. 1979, [c.496] c. 496, the Rooming and Boarding House Act of 1979.
(b) The purpose of the law is to:
1.–2. (No change.)
3. Ensure that needed social and remedial services are made available to the residents of such facilities through the efforts of [County Welfare Agencies] county welfare agencies; and
4. (No change.)
(c) (No change.)
10:123-2.2 Authority
(a) All provisions of this subchapter, unless otherwise expressly noted, were adopted pursuant to authority of Section 3 of P.L. 1973, [c.256 (c.] c. 256 (N.J.S.A. 44:7-87) and Title 30 of the Revised Statutes as amended and supplemented by the Rooming and Boarding House Act of 1979 (P.L. 1979, [c.496] c. 496).
(b) The Commissioner of the Department of Human Services hereby authorizes and directs the Division of [Youth and Family Services] Family Development to act on behalf of the Department with all the authority thereof, as the official designated lead agency in taking the necessary and appropriate action in accord with the provisions of Section 3 of P.L. 1973, [c.256 (c.] c. 256 (N.J.S.A. 44:7-87) and Title 30 of the Revised Statutes as amended and supplemented by the Rooming and Boarding House Act of 1979 (P.L. 1979, [c.496] c. 496, effective September 1, 1980), Sections 34, 35[,] and 36, except for Subsection (d)4. Section 35(d)4 pertains to the provision of mental health and [mental retardation] developmentally disabled services.
(c) The Division of [Youth and Family Services] Family Development is thus specifically authorized and directed to assist and supervise the [County Welfare Agencies] county welfare agencies in their provision of services to eligible residents of rooming houses, boarding houses[,] and residential health care facilities.
10:123-2.3 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
...
"Eligible resident" means a resident of a rooming house, boarding house[,] or residential health care facility who receives services under the latest New Jersey Social Services Block Grant Pre-Expenditure Report for the use of funds appropriated under Title XX of the Federal Social Security Act, and as otherwise defined in P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979), N.J.S.A. 30:1A and 11A.
...
10:123-2.4 Division of [Youth and Family Services] Family Development responsibility and supervision
(a) It shall be the responsibility of the Division of [Youth and Family Services] Family Development, in supervising the [County Welfare Agency] county welfare agency, to:
1. Maintain a Statewide Central Registry of all reports received concerning abuse, exploitation, unsafe conditions, unsanitary conditions[,] and violations of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979) in rooming houses, boarding houses[,] and residential health care facilities;
2. Provide statistical data for all involved State and local agencies regarding reports made to the [statewide] Statewide Central Registry;
3. Maintain a record of:
i. The State and local agencies to which reports have been referred by [County Welfare Agencies] county welfare agencies for remedial action;
ii. (No change.)
4. (No change.)
5. Periodically monitor and evaluate services provided to eligible residents by [County Welfare Agencies] county welfare agencies;
6. Maintain a 24-hour seven day-per-week, toll-free hotline [(800-792-8672)], which will be listed publically and posted in all board and care facilities, for the receipt of all reports of violations of the law and abuse and exploitation in rooming houses, boarding houses[,] and residential health care facilities.
i. Reports received through the hotline will be referred to the [County Welfare Agency] county welfare agency for investigation, coordination[,] and/or follow-up.
(b) In order to effectively implement the provisions of P.L. 1979, [Chapter] c. 496, the Division of [Youth and Family Services] Family Development and [County Welfare Agencies] county welfare agencies will publicize the [County Welfare Agency] county welfare agency service provision in rooming houses, boarding houses[,] and residential health care facilities, and the toll-free hotline.
10:123-2.5 County [Welfare Agency] welfare agency responsibility
(a) Under the supervision of the Division of [Youth and Family Services] Family Development, [County Welfare Agencies] county welfare agencies shall provide services to eligible residents of rooming houses, boarding houses[,] and residential health care facilities, which shall include, but not be limited to, the following[.]:
1. Outreach[:]. The [County Welfare Agency] county welfare agency shall visit boarding houses and residential health care facilities at a minimum of two visits per year. Rooming houses shall be visited at a minimum of once per year. This does not prohibit county welfare agencies from more frequent visits to these facilities, if they are deemed necessary. These visits shall be for the purpose of:
i. Providing information and referral to residents regarding services they may need and be eligible for; and
ii. Determining whether residents are receiving needed services and appropriate levels of care[.];
2. Investigation of reports[:]. [i.] County [Welfare Agencies] welfare agencies shall investigate and evaluate reports of abuse or exploitation. This investigation and evaluation responsibility includes reports initiated by the [County Welfare Agency] county welfare agency, as well as reports received from other sources.
i. The [County Welfare Agency] county welfare agency shall, independently or in conjunction with other agencies:
(1) (No change.)
(2) Explore alternatives for removing or limiting danger and determine the necessary steps and services needed to assure the resident’s well being; and
(3) (No change.)
ii. The investigation and evaluation shall begin within 24 hours of [County Welfare Agency] county welfare agency receipt of a report when it is alleged that:
(1) (No change.)
(2) A resident has been physically injured by abuse and may need medical treatment; or
(3) A resident is without supervision and may not be competent to provide for [his/her] his or her own care.
iii. For all other reports of abuse or exploitation, the investigation and evaluation shall begin within 72 hours of [County Welfare Agency] county welfare agency receipt.
iv. If there is a question regarding the severity of a referral situation, an investigation should be conducted within 24 hours[.];
3. Coordination[:]. The [County Welfare Agency] county welfare agency shall coordinate all services provided to eligible residents with services provided by other State and local agencies. This coordination includes, but is not limited to, the following activities:
i. The receipt and compilation of reports from other involved agencies including reports of abuse, exploitation, unsafe conditions, unsanitary conditions[,] and other violations of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979);
ii.–iii. (No change.)
iv. Cooperative on-site visits as deemed appropriate; and
v. Follow-up with agencies when a report has been referred until the matter has been resolved[.];
4. Personal needs allowance (PNA)[:]. The [personal needs allowance] PNA is a monthly amount intended to meet the personal expenses of Supplemental Security Income recipients. The Commissioner of the Department of Human Services has the responsibility for establishing a monthly personal needs allowance (PNA), which shall be no less than $25.00 per month as per P.L. 1979, [Chapter] c. 496. The [County Welfare Agencies] county welfare agencies shall assist eligible residents in the receipt or use of their [personal needs allowance] PNA. In situations where the [County Welfare Agency] county welfare agency is unable to resolve [personal needs allowance (PNA)] PNA problems, possible violation of licensure standards shall be referred to the Department of Health and Senior Services, the Department of Community Affairs[,] and/or the Office of the Ombudsman for the Institutional Elderly, as appropriate[.]; and
5. Additional services[:]. Additional services may include those services listed in (a)5i, ii or iii below.
i. Services provided by the [County Welfare Agencies] county welfare agencies, as available, may include, but are not limited to, the following:
(1)–(7) (No change.)
(8) Recreational services; and/or
(9) (No change.)
ii. Such services may only be provided with the resident's consent. Where the resident refuses to accept services and the situation warrants, the [County Welfare Agency] county welfare agency may initiate legal action to obtain legal protection and appropriate services for the resident.
iii. Eligible residents will be referred to State, county[,] and local agencies and organizations for any services [which] that the [County Welfare Agency] county welfare agency cannot provide. The [County Welfare Agency] county welfare agency shall follow up on referrals to determine whether the service(s) are being provided.
[(b) County Welfare Agency reporting:]
[1.] (b) The [County Welfare Agencies] county welfare agencies shall compile all reports, including those received from other agencies, regarding abuse, exploitation, unsafe conditions, unsanitary conditions[,] and violations of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979). These reports shall be forwarded to the Central Registry of the Division of [Youth and Family Services] Family Development.
[2.] (c) The [County Welfare Agencies] county welfare agencies shall report findings in writing to the [County] county Prosecutor when a determination is made that a resident may have suffered abuse or exploitation. The [County Welfare Agencies] county welfare agencies and the [County] county Prosecutor's Office should establish agreements for instances in which such findings are reported to the [County] county Prosecutor.
[3.] (d) The [County Welfare Agencies] county welfare agencies, upon receiving a report that a resident of a rooming house, boarding house[,] or residential health care facility may be suffering or may have suffered abuse or exploitation, shall promptly notify the Ombudsman for the Institutionalized Elderly when the report involves an elderly person as defined in Section 2 of P.L. 1977, [c.239 (C.] c. 239 (N.J.S.A. 52:27G-2). Similarly, cooperation and coordination provisions of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979) require that the Ombudsman for the Institutionalized Elderly shall, at a minimum, refer all reports received concerning services and conditions at rooming houses, boarding houses[,] and residential health care facilities to the Division of [Youth and Family Services] Family Development, through the [County Welfare Agency] county welfare agency.
10:123-2.6 Full and free access
(a) In order to fulfill their responsibilities under P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979), the [County Welfare Agencies] county welfare agencies and the Division of [Youth and Family Services] Family Development shall be entitled to receive full and free access to rooming houses, boarding houses[,] and residential health care facilities from the owners and operators of such facilities. The [County Welfare Agencies] county welfare agencies shall receive cooperation and assistance from State and local law enforcement officials as needed.
(b) Where such access cannot be obtained by the [County Welfare Agency] county welfare agency on a voluntary basis or in cooperation with other government agencies as deemed appropriate, the [County Welfare Agency] county welfare agency shall obtain access pursuant to legal process. In accord with existing law, regulations[,] and applicable court rules, the [County Welfare Agency] county welfare agency shall seek administrative/civil search warrants as necessary to be executed in conjunction with appropriate law enforcement officials such that lawful access can be obtained.
10:123-2.7 Confidentiality
(a) The [County Welfare Agencies] county welfare agencies and the Division of [Youth and Family Services] Family Development shall maintain confidentiality with respect to the Central Registry and all matters in relation to any report or investigation and evaluation. The identities of the complainants, witnesses, residents[,] and other involved parties and all evaluations, findings, recommended actions and all the information received and compiled, shall not be a public record and shall not be disclosed or released. This confidentiality provision is in accordance with P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979), N.J.S.A. 30:4-24.3, Department of Human Services Administrative Order 2:01, 45 CFR 205.50[,] and other applicable State and [federal] Federal laws and regulations. Exceptions to prohibited disclosure are limited to situations where:
1. The individual identified or his or her legal guardian has consented to the release of information in writing; [or]
2. The disclosure or release is necessary to enable the [County Welfare Agency] county welfare agency or the Division of [Youth and Family Services] Family Development to perform its duties, coordinate investigations[,] and to support any opinions or recommendations that may result from a report of investigation; or
3. (No change.)
10:123-2.8 General reporting
(a) In accord with the provisions of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979):
1. Any person including any government, public[,] or private agency who has reasonable cause to suspect that a resident of a rooming house, boarding house[,] or residential health care facility is suffering or has suffered abuse or exploitation shall report such information in a timely manner to the appropriate [County Welfare Agency] county welfare agency or the toll-free hotline [(number 800-792-8672)] of the Division of [Youth and Family Services] Family Development. Reports may be made by calling the [County Welfare Agency] county welfare agency, the toll-free hotline, in person[,] or by mail. Such reports shall contain the name and address of the resident, information regarding the nature of the suspected abuse or exploitation and any other information [which] that might be helpful in an investigation of the case and the protection of the resident.
2. Any governmental agency shall report unsafe and unsanitary conditions in rooming houses, boarding houses[,] and residential health care facilities and any suspected violations of the provisions of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979) directly to the [County Welfare Agency] county welfare agency.
10:123-2.9 Immunity
Any person, including any complainant or employee of the [County Welfare Agency] county welfare agency or the Division of [Youth and Family Services] Family Development, who acts in accord with the provisions of P.L. 1979, [c.496] c. 496 (the Rooming and Boarding House Act of 1979) and any [regulations] rules promulgated pursuant thereto, acting in good faith without malicious purpose, shall have immunity from any civil or criminal liability on account of such action.
10:123-4.1 Financial eligibility: income schedule
(a)-(b) (No change.)
(c) Persons who wish to appeal a determination of ineligibility for services based upon the income guidelines in (a) above shall proceed in accordance with N.J.A.C. [10:120-2.1(b)2] 1:10.
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